[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962 as Ch. 7 of the 1962 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 83.
Auctions and auctioneers — See Ch. 101.
Licenses and permits — See Ch. 175.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person to whom a license has been issued pursuant to this chapter.
PUBLISH, PUBLISHING, ADVERTISEMENT and ADVERTISING
Conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement or by any other means either written or printed.
SALE
The sale or any offer to sell to the public goods, wares and merchandise of any kind and description on hand and in stock in connection with a declared purpose, as set forth by advertising on the part of the seller, that such sale is anticipatory to the termination, closing, liquidation, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include all other sales advertised or conducted in such manner as to reasonably convey to the public that upon disposal of the stock of goods on hand, the business will cease and be discontinued.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer is hereby authorized and empowered to supervise and regulate sales or special sales defined in § 229-1 and to issue the appropriate license or licenses therefor.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
No person shall publish or conduct any sale of the type defined by § 229-1 without a license therefor, such license to be issued at the discretion of the City Clerk/Treasurer.
A. 
Licenses shall be issued as described in § 229-3 upon submission of written application in a form approved by the City Clerk/Treasurer and verified by the person who or by an officer of the corporation which intends to conduct the sale.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy and the means to be employed in publishing such sale, together with the proposed language content in any advertisement. Such application shall further contain an itemized list of the goods, wares and merchandise to be offered for sale and the source from which such stock was purchased or acquired, together with the dates of purchase of each article and, if not purchased, the manner of such acquisition. Such application shall also specifically state that ownership of the items or articles to be offered for sale is vested solely in the applicant. Such application shall further contain representations that it is the applicant's intention to discontinue doing business in the City immediately upon the expiration of the license applied for or upon the expiration of the period for which a renewal of such license is issued and that the applicant will discontinue such business immediately upon the expiration of the license applied for or the expiration of the period for which a renewal of such license is issued.
C. 
The list described above shall be verified by the applicant, if he is an individual, by one of the partners if a partnership or by a duly authorized officer of a corporation.
D. 
Such application shall contain such additional information as the City Clerk/Treasurer may require.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A. 
On receipt of the application and payment of the fee prescribed by this chapter, the City Clerk/Treasurer shall cause the application to be examined and the statements therein investigated. If after such investigation the City Clerk/Treasurer is satisfied as to the truth of the statements contained in such application and as to the form and content of the advertising to be used in connection with such sale, he may then issue a license permitting the publication and conduct of the sale, provided that such license shall not be issued until the lapse of five days from the time of the filing of the application with the City Clerk/Treasurer.
B. 
Such license shall be for a period not exceeding 30 days, except that upon satisfactory proof by the licensee that the stock in the original application has not been disposed of, the City Clerk/Treasurer may renew such license for an additional thirty-day period. Such proof for a renewal license shall be furnished in a form to be issued by the City Clerk/Treasurer. Such renewal application shall contain an itemized list of stock on hand, and the same shall be verified by the applicant. The City Clerk/Treasurer shall cause the renewal application to be examined and the statements therein investigated, and, if satisfied as to the truth of the statements therein contained, the City Clerk/Treasurer may issue a renewal license for a period not exceeding 30 days. No license issued pursuant to the provisions of this chapter, when combined with a renewal license as herein provided, shall exceed a total of 60 days.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1992 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer shall have the power, upon recommendation of the Mayor, at any time for cause to suspend or revoke any license granted in accordance with this chapter.
[Amended 8-11-1986; 3-9-1992 by L.L. No. 1-1992; 8-10-1992 by L.L. No. 2-1992; 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Any person desiring to conduct a sale or a special sale as defined in § 229-1 of this chapter shall pay a fee of $500 to the City Clerk/Treasurer, all except $75 of which shall be returned to said person, provided that the business or premises which is the subject of the sale or special sale as defined in § 229-1 is closed within 60 days of the receipt of such license. The sum of $75 not returned to said person shall be retained by the City of Jamestown to cover the expense of investing the statements contained in the application to conduct a sale or special. sale or any renewal application therefore. In the event that the business or premises conducting a sale or special sale as defined in § 229-1 does not close its doors within sixty days of the receipt of such license, the applicant shall not be entitled to a refund of any portion of such fee. If any application or renewal application is disapproved, the City shall retain from such fee the sum of $75 to cover the costs of investigating the statements contained in such application or renewal application and the remaining portion of such fee shall be refunded to the applicant.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A. 
On commencement of any sale as defined in § 229-1, the license issued by the City Clerk/Treasurer shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to the City Clerk/Treasurer, and the license shall permit the City Clerk/Treasurer to examine all merchandise in the premises for comparison with such stock list.
B. 
All advertisements or advertising and the language contained therein shall be in accordance with the purpose of the sale as stated in the application pursuant to which a license was issued, and the wording of such advertisements shall not vary from the wording as indicated in the application. Such advertising shall in no manner or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the City Clerk/Treasurer. Such advertising shall contain a statement in these words and no others: "Sale held pursuant to license No. _____, issued by the City Clerk/Treasurer of the City of Jamestown, on the _____ day of __________, 20____," and in such blank spaces shall be indicated the license number and the date of issuance of the license.
C. 
Suitable books and records as prescribed by the City Clerk/Treasurer shall be kept by the licensee, and they shall at all times be available to the City Clerk/Treasurer. At the close of business each day the stock list attached to the application shall be revised and those items disposed of during each day shall be so marked on such list. No additional merchandise shall be added to the stock in the establishment of the licensee after the issuance of the first license.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer is empowered to make such rules and regulations for the advertisement and conduct of such sales or special sales as in his opinion will serve to prevent deception and to protect the public.
Any person who shall publish or conduct any sale pursuant to a license or renewal of license issued under this chapter shall discontinue the operation of such business in the City upon the expiration of the license or the expiration of any renewal of such license.
The provisions of this chapter shall not apply to or affect the following persons:
A. 
Persons acting pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals.
C. 
Duly licensed auctioneers selling at auction.[1]
[1]
Editor's Note: See also Ch. 101, Auctions and Auctioneers.